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State v. Talley

Court of Criminal Appeals of Tennessee, Nashville

May 5, 2017

STATE OF TENNESSEE
v.
HENRY DARNELL TALLEY

          Assigned on Briefs March 14, 2017

         Appeal from the Criminal Court for Davidson County No. 2014-A-91 Steve R. Dozier, Judge

         The Defendant, Henry Darnell Talley, pleaded guilty to attempted first degree premeditated murder, employing a firearm during the commission of a dangerous felony, reckless aggravated assault, reckless endangerment, convicted felon in possession of a weapon, and violation of an order of protection. The plea agreement provided sentences for all of the convictions except for the attempted first degree murder conviction which was to be determined by the trial court. Following a sentencing hearing, the trial court ordered the Defendant to serve twenty-three years for the attempted first degree murder conviction. The trial court also ordered partial consecutive sentencing, resulting in a total effective sentence of thirty-three years. The Defendant appeals, asserting that the twenty-three year sentence imposed is excessive. After review, we affirm the trial court's judgment.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          C. Dawn Deaner, Public Defender, Jeffrey A. DeVasher (on appeal), and Kevin J. Griffith (at hearings) Nashville, Tennessee, for the appellant, Henry Darnell Talley.

          Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Counsel; Glenn R. Funk, District Attorney General; and Jennifer M. Charles, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert W. Wedemeyer, J., delivered the opinion of the court, in which Norma McGee Ogle and Camille R. McMullen, JJ., joined.

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         I. Facts

         This case arises from the Defendant entering a Nashville retail store on September 4, 2013, and opening fire on the mother of his child. The Davidson County Grand Jury indicted the Defendant for attempted first degree premeditated murder, employing a firearm during the commission of a dangerous felony, reckless aggravated assault, burglary, reckless endangerment, felon in possession of a weapon, and violation of an order of protection.

         On October 10, 2014, the trial court ordered the Defendant hospitalized at Middle Tennessee Mental Health Institute after finding him incompetent to stand trial due to mental illness. On October 1, 2015, the trial court ordered a forensic evaluation on the Defendant's competency to stand trial.

         On June 6, 2016, the Defendant entered a plea agreement with the State to resolve the charges as follows:

Count 1: Attempted First Degree Premeditated Murder - Sentence to be determined by the Court.
Count 2: Employing a Firearm During a Dangerous Felony - 10 years/consecutive to Count 1
Count 3: Reckless Aggravated Assault - 4 years/ concurrent with Count 1
Count 4: Dismissed at State's Request
Count 5: Reckless Endangerment - 2 years/ concurrent with ...

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